A puppy lemon law

May 01, 2013

Spaniels rescued from a puppy mill arrive last year at a Chicago shelter. Legislation working its way through the General Assembly would discourage pet stores from working with such disreputable breeders. (Michael Tercha, Chicago Tribune)

How much is that doggy in the window? The one with the waggly tail? And what happens if the doggy also has an undiagnosed parvovirus infection that shows up a week after you whip out the MasterCard and take that waggly tail home with you?

Hoping to spare us the grief and expense, Sen. Dan Kotowski, D-Park Ridge, has proposed a "puppy lemon law." It would require pet stores to provide a refund or replacement for dogs (or cats) that are sold with pre-existing ailments. The store also would be responsible for vet bills up to twice the amount paid for the pet.

A veterinarian would have to certify that the animal got sick or died within 21 days of purchase or that a congenital or hereditary defect surfaced within one year.

Pet stores also would be required to notify recent customers if a life-threatening disease broke out in its cages.

The bill made it out of the Senate Executive Committee last week on an 8-5 vote, but only after Kotowski's chain was yanked from both directions. Some questioned why the measure is necessary at all: Isn't this what small claims court is for? Others don't think it goes far enough, because it wouldn't apply to dogs adopted from shelters.

The latter argument is a real head scratcher. Sen. Dale Righter, R-Charleston, asked Kotowski if he was suggesting that people who can't afford pet store dogs aren't entitled to consumer protections.

Kotowski's bill addresses pets that are bred for retail and sold for a profit. Like it or not, they're a product. Customers pay a premium for them and expect the merchant to stand behind its goods.

Shelters and rescues are in the business of finding homes for stray or abandoned animals that might otherwise be destroyed or spend their lives in a kennel. When you adopt a shelter pet, you typically pay only for its shots, a spay or neuter, and maybe a fee to help keep the organization running. There's no manufacturing cost and no retail markup. But you're taking a leap of faith, because the animal's background is usually a mystery.

Shelter mutts might in fact be healthier precisely because they're not bred for sale. Selective breeding to emphasize certain traits can lead to genetic defects as well. That's especially true when dogs are bred indiscriminately, with an eye for profit.

Like any business, commercial breeders make money by keeping costs as low as possible. Dogs are breeding stock, not pets. The bad actors in the business are the puppy mills, where animals live in cramped, unsanitary conditions without adequate food, water, exercise or veterinary care. Puppies bred in those surroundings might not be healthy, socialized or genetically sound.

Puppy lemon laws — at least 20 states have one — target the puppy mills by holding the sellers responsible if an animal turns out to be sick or to have a congenital defect. Sure, it's a protection for the consumer, but it also puts the squeeze on puppy mills by encouraging pet stores to deal with reputable suppliers.

So there are good reasons to vote for the bill. And we're betting it will pass: Think how good it will sound on the campaign fliers next year!

But don't expect a law to protect you from heartache. It might bring back your money, but not your best friend. No matter where you get your dog, shop with your head, not your heart.

Don't buy a puppy on impulse, no matter how cute. Don't buy a puppy online, ever. Don't get a puppy from anyone who treats it as a simple financial transaction. We have a soft spot for shelter mutts and breed-specific rescues, but if you must have a purebred puppy, there are many fine pet stores and hobby breeders. Take the time to sniff one out.